Date: Wed, 12 Nov 1997 15:56:32 +0200
From: Johan Duvenhage
Subject: South Africa: Decriminalisation of Sodomy no longer opposed
(*Quick* translation from the local Afrikaans press.)
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JOHANNESBURG. - The Minister of Justice, Mr. Dullah Oman, has decided not
to contest any further an application in the Rand Supreme Court in which it
is asked that certain so-called "homosexual crimes" (like anal sex) be
decriminalised.
This means that the join application of the National Coalition for Gay and
Lesbian Equality (NCGLE) and the Human Rights Commission will be passed
through the court on 25 November without contest.
The NCGLE and the Commission argues in court documents that "crimes" like
anal sex, and other crimes in connection with sex between men, are
unconstitutional because it discriminates between homosexuals.
The office of Omar -- one of two defendants in the case -- said in a short
statement that the minister will now let the matter rest with the decision
of the court. The other defendant -- advocate Andre de Vries, SC,
Attorney-Genral of the Witwatersrand, has already indicated that he will
not contest the application.
Although Omar initially indicated that he will contest the NCGLE
application, some "agreements" have been reached in the meantime about two
aspects of the application with which Omar was not in agreement. These
include amongst other the matter of the retrospective nature of a court
order.
In practice, this backdown means that there are now no objections again the
NCGLE and Human Rights Comission's application that the "crimes" of anal
sex between consenting adult men, and other "crimes" like "unnatural sex
acts" between men, will no longer be considered crimes.
Anal sex between men was up to now seen as a extremely serious crime and
was taken up in Schedule I of the Criminal Procedure Act. This meant that
a police officer or a member of the public could shoot men engaging in anal
sex if they do not agree to be voluntarily taken into custody.
The NCGLE and Commission will still have to put their case forward in court
on 25 November 1997, even though no objection exist anymore.
--
Johan Duvenhage
PO Box 7988 BLOEMFONTEIN 9300 South Africa
E-mail: johan@motif.co.za
WWW: http://www.motif.co.za